Is CBD Oil Legal?

Even though Cannabidiol (CBD) has experience explosive popularity and acceptance in the last few years, state laws on CBD vary broadly. The key determining factor to whether CBD being legal is what it is derived from. Is it derived from hemp or marijuana and if it is produced by a state-licensed grower? Hemp which is known for containing only trace amounts of THC makes the answer to the question, “Is CBD Oil legal?” (when derived from hemp) not so simple. As of 2019, CBD derived from hemp is legal nationwide. This is not just for CBD Oil bust also all hemp-derived CBD products like oils, edibles, and topicals. On the other hand, marijuana-derived CBD does not enjoy the wide legality of hemp. In some states, marijuana derived CBD is perfectly legal; but in most states, its legality depends on a number of different factors and conditions.

Where is CBD Legal?

There are currently ten states where cannabis is legal for medicinal and recreational use. These states are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. In these states, you can choose to legally use CBD derived from hemp or marijuana. As of the writing of this in 2019, just three states restrict all cannabis and cannabis-derived products. These states are Idaho, Nebraska, and South Dakota. Even though these states are likely to open up to hemp as well, if you live in these states, it’s imperative you know what kind of CBD extract you are buying and its source. In the remaining states, hemp derived CBD is legal as a result of the 2018 Farm Bill. Always keep in mind, specific state laws surrounding marijuana-derived products vary per jurisdiction. Using hemp-derived CBD anywhere in the U.S. should be no cause for concern. If you are looking for CBD products derived from marijuana, then the laws differ dramatically at the state level.

The 2018 Farm Bill

The Agricultural Act of 2014, aka the 2014 Farm Bill, paved the way for the hemp industry by legalizing some cultivation activities that have since allowed the industry to grow in extraordinary ways. December 2018, the 2018 Farm Bill was signed into law in, successfully legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. Now, hemp derived CBD is legal nationwide. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States.